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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Enz v. Raelund, 419 P.3d 674 (2018)

Citation
Enz v. Raelund, 419 P.3d 674 (2018)
Parent Document
Enz v. Raelund, 419 P.3d 674 (2018)
Jurisdiction
Montana (state)
Effective Date
2018-06-05

Other Sections in This Document (99)

Full Text

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¶ 63 Default judgment for damages must be justified by the pleadings, and the complaint must state a cause of action before a default judgment is justified. Even though the Raelands are subject to the District Court's order of default and default judgment, they have the right to be heard on the issue of damages. See Lindsey v. Keenan, Andrews & Allred , 118 Mont. 312, 320-21, 165 P.2d 804, 809 (1946) (citations omitted). Thus, even though we uphold the District Court's rulings on default and default judgment, we will consider the Raelunds' arguments on damages.